Marshall, D.C., 34 F.2d 219 United States ex rel. The Government, however, takes the position that on attaining his majority he elected to maintain German allegiance and citizenship or in any case that he has by his conduct renounced or abandoned his United States citizenship.
Haupt came to this country with his parents when he was five years old it is contended that he became a citizen of the United States by virtue of the naturalization of his parents during his minority and that he has not since lost his citizenship. All except petitioner Haupt are admittedly citizens of the German Reich, with which the United States is at war. In accordance with the stipulation between counsel for petitioners and for the respondent, the papers filed and argument had in connection with the applications for leave to file petitions for habeas corpus are made applicable to the certiorari proceedings.Īll the petitioners were born in Germany all have lived in the United States. They have presented to this Court petitions for writs of certiorari before judgment of the United States Court of Appeals for the District of Columbia, pursuant to 28 U.S.C.
Counsel for petitioners subsequently filed a notice of appeal from the order of the District Court to the United States Court of Appeals for the District of Columbia, and they have perfected their appeals to that court. Motions for leave to file petitions for habeas corpus were then presented to this Court, and the merits of the applications were fully argued at the Special Term of Court convened on July 29, 1942. Тhеrеfоrе, bесаusе thе аmеndmеnts саnnоt bе rеаd “аs еіthеr аbоlіshіng аll trіаls bу mіlіtаrу trіbunаls, sаvе thоsе оf thе реrsоnnеl оf оur оwn аrmеd fоrсеs, оr, whаt іn еffесt соmеs tо thе sаmе thіng, аs іmроsіng оn аll suсh trіbunаls thе nесеssіtу оf рrосееdіng аgаіnst unlаwful еnеmу bеllіgеrеnts оnlу оn рrеsеntmеnt аnd trіаl bу jurу,” thе rіghts оf thе соnsріrаtоrs wеrе nоt vіоlаtеd.In these causes motions for leave to file petitions for habeas corpus were presented to the United States District Court for the District of Columbia, which entered orders denying the motions.
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